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Butler v Moore : ウィキペディア英語版 | Butler v Moore ''Butler v. Moore'' reported in MacNally's ''Rules of Evidence'', (), 253, was an Irish case decided by Master of the Rolls in Ireland Sir Michael Smith. It is an important precedent in the issue of priest-penitent privilege in the UK. The case concerned the will of John Butler, 12th Baron Dunboyne, who had converted from Catholicism to Protestantism. He was alleged, however, to have returned to Catholicism and, thereby, to have come within a penal law which deprived "lapsed papists" of the power to make a will.〔Nolan (1913)〕 == Facts == Butler was Roman Catholic Bishop of Cork at the time of the death of the previous peer. Anxious to be able to transmit in a direct line the peerage and the headship of an ancient house, the new Lord Dunboyne appealed to the Pope for a dispensation from his vow of celibacy. It was refused him, and, thereupon, he became a Protestant and married, but had no issue. It is said that one day while he was driving along a country road a woman rushed out of a cottage, calling for a priest for someone who lay dangerously ill inside. Lord Dunboyne answered her "I am a priest", and, entering the cottage, he heard the dying person's confession. From a certain moment, said to have been this, till the end of his life he conformed again, at least, privately, to the Catholic faith.〔
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